HB105 Alabama 2022 Session

Summary

Primary Sponsor

Victor Gaston

Republican

Session

Regular Session 2022

Title

Abuse, registry for individuals convicted of certain crimes against elders, require certain care providers to query the registry, criminal penalties, Sec. 38-9-8 am'd.

Summary

HB105 creates an Alabama Elder and Adult in Need of Protective Services Abuse Registry and requires certain care providers to check it when hiring.

What This Bill Does

The bill establishes a registry managed by the Department of Human Resources listing people convicted of elder abuse, neglect, financial exploitation, or related acts, as well as individuals subject to certain abuse orders. It requires service providers (like hospitals, long-term care facilities, and home health agencies) to query the registry for current or prospective employees. It also sets rules for keeping registry information confidential, outlines how convictions or findings get entered, and creates removal processes with due‑process requirements for those not criminally convicted or who aren’t under certain orders; it includes penalties for failing to report suspected abuse.

Who It Affects

• Care providers and their employees or prospective employees must be checked against the registry to verify whether they have certain abuse-related convictions, orders, or findings.
• Elderly persons and adults in need of protective services are protected by the registry’s ability to identify perpetrators and by confidentiality and reporting rules that guide investigations and court actions.

Key Provisions

• Creation of the Alabama Elder and Adult in Need of Protective Services Abuse Registry by the Department of Human Resources, listing individuals convicted of elder abuse/neglect (multiple degrees), financial exploitation (three degrees), any elder abuse acts, and related protection orders or findings by the department.
• Service providers must query the registry for current employees and prospective employees to confirm any listed convictions, orders, or department findings related to elder abuse or exploitation.
• Confidential handling of registry records with allowed uses limited to employment actions, investigations, court or guardian needs, medical professionals with suspicion of abuse, and certain government or state/federal entities; prohibits disclosed identification beyond allowed purposes, with special rules for fatal cases.
• Entry and removal rules: the registry includes detailed offense information and remains until removal per due-process rules; removal procedures must be established by January 1, 2023 for individuals not criminally convicted or who did not have related orders, with notice procedures for removal.
• Procedural notifications: courts and relevant agencies must notify the Department of Human Resources of convictions or protective orders; agencies must report investigation outcomes to the Department when findings are true or founded.
• Effective date: the act becomes law on the first day of the third month after it passes and is approved by the Governor.
• Funding note: the act states it is not subject to local funding requirements under Amendment 621 because it defines a new crime or amends an existing one.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Abuse